Eccesso di potere giurisdizionale, fuga dalla legge e ricorso ai poteri impliciti: gli equivoci della semplificazione del giudizio e della elasticità delle decisioni della Corte costituzionale in materia di tutela della salute

Abstract

The essay analyzes the excess of judicial power, as a defect of the function, which is configured not only in the case of absolute or relative defect of jurisdiction, but also in the hypothesis of illegitimacy of the exercise of the power itself due to encroachment of the same in areas unrelated to the jurisdiction of the Constitutional Court. On the assumption, therefore, that the Court, as a court of last instance, cannot escape the system of liability, the investigation highlights the risks of a minimalist approach in judgments in which fundamental rights and their protection are highlighted, the survey assumes the revision of article 137 Cost. as the only remedy for the lack of control and opposition to the usurpation of power and legislative function and also, in the future, a stimulus for the initiation and development of forms of consultation inspired by the principle of loyal collaboration